SCS CSHB 30(L&C): "An Act relating to civil liability for certain skating and cycling activities; and providing for an effective date."
00SENATE CS FOR CS FOR HOUSE BILL NO. 30(L&C) 01 "An Act relating to civil liability for certain skating and cycling activities; and 02 providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 05 is amended by adding a new chapter to read: 05 Chapter 50. Municipal Skating and Cycling Liability and Responsibility. 06 Sec. 05.50.010. Limitation on actions arising from recreational activities. 07 Notwithstanding any other provision of law, a person may not bring an action against 08 a municipality for an injury occurring at a municipal skating or cycling facility if the 09 injury results from an inherent danger and risk of using the facility. 10 Sec. 05.50.020. Effect of violations. (a) A municipality or person who 11 violates a requirement of this chapter is negligent and civilly liable to the extent the 12 violation causes injury to a person or damage to property. 13 (b) Notwithstanding the provisions of AS 09.17.080, 14 (1) the limitation of liability described under AS 05.50.010 is a
01 complete defense in an action against a municipality for an injury if an inherent danger 02 or risk of the skating or cycling activity is determined to be a contributory factor in 03 the resulting injury, unless the municipality has violated a requirement of this chapter; 04 (2) a violation of the person's duties imposed under AS 05.50.030 is 05 a complete defense in an action against a municipality if the violation is determined 06 to be a contributory factor in the resulting injury, unless the municipality has violated 07 a requirement of this chapter. 08 (c) If the municipality is determined to have violated a requirement of this 09 chapter, the provisions of AS 09.17.080 apply in an action against a municipality for 10 an injury resulting from the violation. 11 Sec. 05.50.030. Duties of municipal skating and cycling facility users. A 12 person using a municipal skating or cycling facility may not 13 (1) enter or leave except at a designated area unless reasonably 14 necessary to prevent injury to the person or others; 15 (2) intentionally throw or expel an object onto the facility; 16 (3) take food, drink, or glass containers on the facility; 17 (4) act while using the facility in a manner that may interfere with 18 proper or safe condition of the facility; 19 (5) engage in conduct that may contribute or cause injury to a person 20 other than those associated with inherent dangers and risks of the activity; for purposes 21 of this paragraph, an injury that results from a violation of the rules of the activity is 22 not one that is associated with inherent dangers and risks of the activity; 23 (6) enter the facility when the facility is marked as closed; 24 (7) disobey instructions posted in accordance with this chapter or any 25 other instructions required by local laws consistent with this chapter. 26 Sec. 05.50.040. Duties of municipalities. (a) In a municipal skating or 27 cycling facility, a municipality shall maintain a sign system with concise, simple, and 28 pertinent information for the protection and instruction of a person who uses the 29 facility. Signs shall be prominently placed at each facility. 30 (b) At least one sign posted at each facility must contain language substantially 31 similar to the following warning notice:
01 WARNING 02 Under Alaska law, the risk of an injury to person or property 03 resulting from any of the inherent dangers of using a municipal 04 skating or cycling facility rests with the user. Inherent dangers 05 and risks of using the facility include collisions with man-made 06 objects, collisions with other persons, variations in slope, falling, 07 and the failure of a person to recreate within their own abilities. 08 (c) A municipality shall clearly delineate the boundaries of a municipal skating 09 or cycling facility. 10 (d) A municipality may not construct or maintain a municipal skating or 11 cycling facility in a negligent manner. 12 Sec. 05.50.050. Skating and cycling duties and responsibilities. (a) A 13 person who is skating or cycling at a municipal skating or cycling facility 14 (1) is responsible for knowing the range of the person's own ability to 15 negotiate a skating or cycling facility and to recreate within the limits of the person's 16 ability; in the case of a minor, the minor's parent or legal guardian is responsible for 17 determining whether the minor satisfies the requirements of this paragraph; 18 (2) is responsible for an injury to a person or property resulting from 19 an inherent danger and risk of the activity, except that a person is not precluded under 20 this chapter from suing another person for an injury to person or property resulting 21 from the other person's acts or omissions; notwithstanding any other provision of law, 22 the risk of collision with another person is not an inherent danger or risk of using a 23 skating or cycling facility in an action by one user of the facility against another; 24 (3) has the duty to 25 (A) maintain control of the person's speed and course at all 26 times when using the facility and to maintain a proper lookout so as to be able 27 to avoid other persons, objects, and debris; however, a person on a downhill 28 slope has a primary duty to avoid collision with a person or object below the 29 person; 30 (B) perform a visual inspection of the facility before each use; 31 (C) ensure that all areas of the facility the person intends to use
01 are free and clear of natural or manmade debris that would interfere with the 02 person's use of the facility; 03 (D) heed all posted information and other warnings and to 04 refrain from acting in a manner that may cause or contribute to the injury of 05 the person; evidence that signs as required by AS 05.50.040 or as required by 06 consistent local laws were present, visible, and readable at the beginning of a 07 given day creates the presumption that a person using the facility on that day 08 has seen and understood the sign; and 09 (4) may not use a skating or cycling facility 10 (A) while the person's ability is impaired by the influence of 11 alcohol or a controlled substance as defined in AS 11.71.900 or other drugs; 12 (B) if the person does not have sufficient physical dexterity or 13 ability and knowledge to negotiate or use the facility safely; in the case of a 14 minor who uses a municipal skating or cycling facility, the minor's parent or 15 legal guardian is responsible for determining whether the minor satisfies the 16 requirements of this paragraph; 17 (C) if the person is not wearing knee pads, elbow pads, shoes, 18 and a helmet at all times. 19 (b) A person may not skateboard or cycle at a municipal skating or cycling 20 facility if the facility has been posted as "closed." 21 Sec. 05.50.060. Competition: immunity for municipality operating a 22 skating or cycling facility. (a) A municipality shall, before beginning recreational 23 competition at a municipal skating or cycling facility, allow an athlete who will 24 participate in the competition a reasonable visual inspection of the course or area 25 where the competition is to be held. 26 (b) A person in competition at a municipal skating or cycling facility assumes 27 the risk of all course or area conditions, course construction or layout, and obstacles 28 that a visual inspection would have revealed. A municipality is not liable for injury 29 to a person who competed at a municipal skating or cycling facility operated by the 30 municipality and who is injured as a result of a risk described in this subsection. 31 Sec. 05.50.100. Definitions. In this chapter,
01 (1) "facility" does not include a trail used for skating or cycling; 02 (2) "inherent dangers and risks of the activity" means a danger or 03 condition that is an integral part of the activity, including collisions with man-made 04 objects; impact with ramps, signs, posts, fences, or enclosures, or other man-made 05 structures and their components; variations in slope and steepness; collisions with other 06 persons; and the failure of a person to perform the activity within their own abilities; 07 the term "inherent dangers and risks of the activity" does not include the negligence 08 of a municipality that is responsible for a municipal facility; 09 (3) "injury" means property damage, personal injury, or death; 10 (4) "skating or cycling" means skateboarding, cycling, coasting, roller- 11 skating, or in-line skating or a combination of those activities. 12 * Sec. 2. APPLICABILITY. This Act applies to a civil action that accrues on or after the 13 effective date of this Act. 14 * Sec. 3. This Act takes effect July 1, 1997.